Académique Documents
Professionnel Documents
Culture Documents
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title and commencement.
2. Application.
3. Interpretation.
PART II
PROCEDURE FOR THE SETTLEMENT OF DISPUTES
No. 41
1967
PART V
PROCEEDINGS BEFORE THE TRIBUNAL
Section
22. Duties and powers of Tribunal.
23. Registration of negotiated agreements.
24. Awards, etc., may be retrospective.
25. Publication of awards.
26. Interpretation of awards, etc.
27. Awards to be final and binding.
28. Regulation of proceedings.
29. Evidence.
30. Appearance of advocate.
3 1. Sittings may be made public or private.
32. Publication of proceedings.
33. Reports by Tribunal.
PART VI
SPECIAL PROVISIONS RELATING To EMPLOYEES OF
EAST AFRICAN COMMUNITY AND CORPORATIONS
No. 41
1967
FIRST SCHEDULE
PART I
AMENDMENTS To THE REGULATION OF WAGES AND TERMS OF
EMPLOYMENT ORDINANCE
PART II
AMENDMENTS TO THE CIVIL SERVICE (NEGOTIATING MACHINERY)
ACT, 1962
PART III
AMENDMENTS TO THE LOCAL GOVERNMENT SERVICE (NEGOTIATING
MACHINERY) ACT, 1963
SECOND SCHEDULE
PART I
PRELIMINARY
PART II
TRANSITIONAL PROVISIONS RELATING TO THE REGULATION OF WAGES
AND TERMS OF EMPLOYMENT ORDINANCE
PART III
TRANSITIONAL PROVISIONS RELATING TO THE AMENDMENTS TO THE
CIVIL. SERVICE (NEGOTIATING MACHINERY) ACT, 1962
PART IV
TRANSITIONAL PROVISIONS RELATING To THE AMENDMENTS TO THE
LOCAL GOVERNMENT SERVICE (NEGOTIATING MACHINERY) ACT, 1963
No. 41
1967
No. 41 OF 1967
I ASSENT,
27
...... NOVEMBER, 1967
Short title
and
commencement
Application
Cap. 540
No. 41
1967
3. In this Act, unless the context otherwise requires''award'' means an award -made by the Tribunal and includes a
negotiated agreement or a voluntary agreement which is registered
by the Tribunal as an award;
''chairman'' means the chairman, of the, Tribunal;
''Corporation'' means a corporation 'within the Community established
pursuant to the Treaty;
''employee'' means any person who has entered into or works under
a contract of service with an employer whether by way of manual
labour, clerical work or otherwise, and whether the contract is
expressed or implied or is oral or in writing;
''employer'' means any person, or any firm, corporation or company,
public authority or body of persons who, or which has entered
into a contract of service to employ any person and includes any
officer of such person, firm, corporation, company, authority or
body who is placed in authority over all other persons employed
by such person, firm, corporation, company, authority or body;
"rock-out" means the closing of a place of employment, or the
suspension of work, or the refusal by an employer to continue to
employ any number of persons employed by him, done in
consequence of a trade dispute, not with the intention of finally
determining employment, but with a view to compelling those
persons, or to aid another employer in compelling persons
employed by him, to accept terms or conditions of or affecting
employment;
''Minister'' means the Minister for the time being responsible for
labour matters;
''Registrar'' means the Registrar of the Tribunal;
''strike'' means the cessation of work by a body of persons employed
acting in combination, or a concerted refusal or a refusal under a
common understanding of any number of persons employed to
continue to work for an employer, or a concerted interruption of
work or performance of work on a go-slow basis by any number
of employees, done as a means of compelling their employer or
any person or body of persons employed, or to aid other
employees in compelling their employer or any person or body
of persons employed, to accept or not to accept terms or conditions
of or affecting employment;
''trade dispute'' means any dispute between an employer and
employees in the employment of that employer connected with the
employment or non-employment, or the terms of the employment,
or with the conditions of labour, of any of those employees;
No. 41
1967
'the Treaty'' means the Treaty for East African Co-operation a copy
of which is set out in the Schedule to the Treaty for East African
Co-operation (Implementation) Act, 1967;
''Tribunal'' means the Permanent Labour Tribunal established under
section 15;
''the Union'' means the National Union of Tanganyika Workers
established by the National Union of Tanganyika Workers
(Establishment) Act, 1964, or any other body established by the
President under section 5 of that Act;
"wages'' means remuneration and other benefits payable or accruing
to an employee for services rendered under a contract of service.
Acts 1967
No. 42
Acts 1964
No. 18
PART II
PROCEDURE FOR THE SETTLEMENT OF DISPUTES
Trade
disputes
may be
reported
to labour
Commissioner
No. 41
1967
Negotiated
agreements
No. 41
1967
(c) the increase in labour costs in the event of the agreement being
enforced-,
(d) the expected increase in labour productivity in the trade or
industry affected by the agreement;
(e) whether any redundancy in such trade or industry is likely to
ensue;
(f) the effect of the agreement on the price of the product
concerned; and
(g) whether the agreement, if enforced, is likely to affect any plan
for expansion in the trade or industry concerned.
(4) On receipt of the negotiated agreement and of the report under
subsection (3) the Minister shall transmit the agreement, the report
and any comments which he may wish to make thereon to the
Tribunal and the Tribunal shall proceed to consider the same in
accordance with the provisions of section 23.
(5) Subject to section 37 no negotiated agreement shall become
operative or be binding upon the parties thereto unless it is registered
by the Tribunal under section 23.
7.-(1) Where a conciliator appointed under section 4 is unable to
effect a settlement of the trade dispute he shall report the fact to the
Labour Commissioner.
(2) On receipt of a report under subsection (1), the Labour
Commissioner shall report the dispute to the Minister.
8. (1) Where a trade dispute is reported to the Minister under
subsection (2) of section 7 the Minister shall, within twenty-one days
from the date when the trade dispute was reported to, him, refer the
dispute to the Tribunal:
Provided that the Minister may, if he is of the opinion that there
are special circumstances which make it necessary or desirable to postpone reference of the dispute to the Tribunal, postpone such reference
for such further period or periods as he may in writing allow.
(2) Where a trade dispute has been referred to the Tribunal under
the provisions of subsection (1), the Tribunal shall proceed to consider
the dispute and make an award thereon in accordance with the provisions of Part V.
(3) In any proceeding under, or for an offence against, this Act,
a certificate purporting to be under the hand of the Minister that he
has or has not made a reference to the Tribunal under subsection (1)
on or by a date specified therein, or that he has or has not postponed
the period for reference to the Tribunal, and, where he has postponed
such period, specifying the further period within which such reference
shall be made, shall be admissible in evidence without further proof
and shall be conclusive evidence of the matters stated therein.
Further
reference
to Labour
Commissioner
Reference
to Tribunal
10
Inquiry into
trade
disputes
and
industrial
conditions
Cap. 300
Reference
to Tribunal for
advice
No. 41.
1967
Certain
conditions
to be
fulfilled
before
lock-out
or strike
takes
place
No. 41
1967
11
Incitement
to take
part inlock-out or
strike in
contravention of
section 11
Power of
arrest
Sanction of
Director of
Public
Prosecution
12
No. 41
1967
PART IV
PERMANENT LABOUR TRIBUNAL
Establishment of
Tribunal
Jurisdiction
of Tribunal
15. There is hereby established a tribunal to be known as the Permanent Labour Tribunal.
16. The Tribunal shall have jurisdiction(a) to hear and determine an trade dispute referred to it under the
provisions of this Act;
(b) to register negotiated agreements and voluntary agreement and
to hear and determine matters relating to the registration of such
agreements;
(c) to inquire into any matter referred to it under this Act and to
report to the Minister on such matters;
(d) to advise the Labour Commissioner on any matter referred to
it by him under section 10; and
(e) to exercise such functions and powers as are conferred upon
it by this Act or as may be conferred upon it by written law.
Constitution
of Tribunal
meetings of
the Tribunal
18. The Tribunal shall sit on such occasions and at such places as
the chairman may direct.
Assessors
No. 41
1967
13
22. Where any trade dispute or other matter is referred to the Duties and
Tribunal, the Tribunal shall proceed to inquire into such dispute or power of
Tribunal
matter without undue delay and(a) shall hear, receive and consider any submissions, arguments or
evidence made, presented or tendered(i) by or on behalf of the employees concerned;
(ii) by or on behalf of the trade union of which such employees
may be members;
(iii) by or on behalf of the employer concerned; and
(iv) by or on behalf of any body of persons which, in the opinion
of the Tribunal, represents the interests of the employers in
Tanganyika
and of which the employer concerned is a
member;
14
Registration of
negotiated
agreements
No. 41
1967
No. 41
1967
15
Award, etc
may be
retrospective
25. No award shall take effect until the date of its publication in the
Gazette:
Provided that where an award is expressed to have retrospective
effect it shall, on the date of its publication in the Gazette, have effect
from the date specified in the award.
Publication
of awards
Interpretation of
awards, etc
Awards to
be final
and
binding
16
Regulation
of
proceedings,
Evidence
No. 41
1967
(3) No application to vary any award shall, except with the written
permission of the Minister, be made within twelve months of the date
of publication in the Gazette of such award and no trade disputed in
connection with the terms of any award shall, within such period, be
report to the Labour Commissiner under section 4.
28. Save as is otherwise expressly provided in this Act, or in rules
made hereunder, a conciliator or the Tribunal, as the case may be,
may regulate the procedure in any proceedings under this Act as he
or it shall think fit29.-(l) A conciliator or the Tribunal, for the purpose of dealing
with any matter referred to him or it under this Act, shall be entitled
to elicit all such information as in the circumstances may be
considered necessary, without being bound by the rules If evidence in
civil or criminal proceedings, and may by order require any person(a) to furnish, in writing or otherwise, such particulars in relation to
any matter as may be required; or
(b) to attend before the conciliator or the Tribunal and give evidence
on oath or otherwise; or
(c) to produce any document:
Provided that if any witness refuses to furnish any particulars or to
answer any question or to produce any document on the ground that
it will tend to incriminate him or on any other lawful ground, he
shall not be required to furnish such particulars or to answer such
question or to produce such document, nor shall he be liable to any
penalty f or refusing so to do.
(2) Any person who, without such lawful excuse as aforesaid, fails
to obey an order given under the provisions of subsection (1) shall be
guilty of an offence and shall be liable on conviction to a fine not
exceeding one thousand shillings.
Appearance
of advocate
sittings
may be
public or
Private
Publication
of proceedings
No. 41
1967
17
Report by
Tribunal
PART VI
SPECIAL PROVISIONS RELATING To EMPLOYEES OF EAST AFRICAN
COMMUNITY AND CORPORATIONS
Application
of section 35
Certain
disputes to
be referred
to the East
African
Industrial
Court
18
Modification
of sections
4 and 11
Negotiated
agreements
between
Community
or Corporation and its
employees
No. 41
1967
36. Subsection (4) of section 4 and paragraph (d) (ii) (b) of subsection (2) of section 11 shall apply to persons in the employment or
service under the Community or any Corporation in relation to any
dispute relating to their wages or other terms and conditions of
their service, as if references therein to the Tribunal were references
to the East African Industrial Court.
37.-(1) Notwithstanding the provisions of subsections (3), (4) and
(5) of section 6 or of section 23, where a negotiated agreement is
concluded between persons in t he employment or service under the
Community or a Corporation and their employers relating to, wages
or other terms and conditions of their service, such negotiated agreement shall not be required to be submitted to the Tribunal and shall
be binding upon the parties to whom it relates in the same manner
as an award:
Provided that no negotiated agreement to which this section applies
shall take effect until the date of its publication in the Gazette.And provided that where such negotiated agreement is expressed to
have retrospective effect it shall, on the date of its publication in the
Gazette, have effect from the date specified in the award.
(2) For the avoidance of doubts it is hereby declared that the
provisions of subsections (2) and (3) of section 27 shall apply, mutatis
mutandis, to a negotiated agreement to which this section applies m
the same manner as they apply to an award.
PART VII
MISCELLANEOUS
Non-application of
Arbitration
Ordinance
Cap. 15
Voluntary
agreements
to be
registered
No. 41
1967
19
(f) the effect of the agreement on the price of the product concerned;
and
(g) whether the agreement, if enforced, is likely to affect any plan for
expansion in the trade or industry concerned.
(3) The Minister shall transmit the voluntary agreement, the Labour
Commissioner's report and any comments which he may wish to make
thereon to the Tribunal.
(4) No voluntary agreement shall be operative or be binding on the
parties thereto unless it is registered by the Tribunal.
(5) Where a voluntary agreement is submitted to the Tribunal the
Tribunal shall examine such agreement, the Labour Commissioner's
report and any comments which the Minister may have made thereto
and shall proceed to decide whether or not to register the agreement.
(6) The provisions of section 22 shall apply to proceedings relating
to registration of a voluntary agreement.
(7) The Tribunal may, where a voluntary agreement is submitted
to it(a) register the agreement as an award without any modification;
(b) register the agreement as an award after making such modifications thereto as the parties to the agreement may consent to; or
(c) refuse to register the agreement.
(8) Where a voluntary agreement is registered, whether with or without any modification, the agreement so registered shall be deemed to be
an award and shall take effect from the date of its publication in the
Gazette or such earlier date as may be specified therein.
(9) Nothing in this section shall apply to any voluntary agreement
between any trade union and the Community or any Corporation
respecting the wages or terms of employment of the employees of the
Community or Corporation.
40.-(1) Where the Minister is of the opinion that it is desirable to
extend any award effected under the provisions of this Act in respect
of an undertaking of any trade or industry to any other undertaking of
that trade or industry, he may submit a proposal for such extension
to the Tribunal.
(2) Where a proposal is submitted to the Tribunal under subsection
(1), the Tribunal shall proceed to consider the same in accordance
with provisions of Part V and may, if it is satisfied that the proposed
extension is desirable, make an order extending the award in such
manner as it may direct.
(3) An order made by the Tribunal under subsection (2) may be
retrospective.
(4) When an award is extended to any undertaking of any trade or
industry the award shall, subject to the provisions of subsection (5).
have effect within that undertaking as if it had been effected in and in
relation to that undertaking.
(5) The provisions of section 25 shall apply, mutatis mutandis. to
an order made under subsection (2).
Extension
of awards
20
Rules and
directions
No. 41
1967
41.-(1) The Minister may make rules(a) prescribing the procedure to be followed in any proceedings
before a conciliator or the Tribunal;
(b) prescribing such abstracts of this Act and such notices in such
language or languages as he may think fit and providing for the
publication, display and dissemination of the same by employers
and trade unions; and
(c) generally for the better carrying into effect of the purposes of
this Act.
(2) Without prejudice to the provisions of paragraph (a) of subsection (1) the Minister may give directions, not inconsistent with any
rules made under that paragraph, relating to the scope, method and
conduct of any specific proceedings.
Repeal
Cap. 480
Transitional
No. 41
1967
21
(i) has been referred to a Tribunal for settlement under subsection (1) of section 8 of the 1962 Act;
(ii) has been referred to a Board of Enquiry under section 9 of
the 1962 Act; or
(iii) has been referred for advice to a Tribunal under section 12
of the 19,62 Act,
such Tribunal or the Board, as the case may be, shall continue in
existence and shall proceed to consider such matter and make an
award thereon or make a report thereon or give advice in respect
thereto as if this Act had not been enacted and every such Board or
Tribunal shall have the same powers and shall be subject to the
same obligations as are conferred or imposed upon it by the 1962
Act and the provisions of the 1962 Act relating to the constitution
of such Board or Tribunal shall continue to apply to it;
(f) where at the commencement of this Act a Tribunal appointed
under the 1962 Act has made an award which has not been
confirmed by the Minister under subsection (3) of section 22 of
that Act, or where any such Tribunal makes an award after
the commencement of this Act pursuant to the powers vested
in i t by paragraph (e) of this section, the Tribunal shall submit
the award to the Minister who shall submit the same to the
Permanent Labour Tribunal and the Tribunal shall proceed to
consider the award as if such award were a negotiated agreement
submitted to it under section 6 of this Act:
Provided that, in relation to an award submitted to the
Tribunal under this paragraph, the Tribunal shall register the
award either without any modification or with such modifications
as it may deem appropriate whether or not the parties thereto
consent to such modifications;
(g) where the Tribunal registers an award under paragraph (f) the
award shall be deemed to be an award of the Tribunal;
(h) where at the commencement of this Act a Tribunal established
under the provisions of the 1962 Act has made an award which
has been confirmed by the Minister under section 22 of that
Act, such award shall, whether or not the same has been
published in the Gazette as required by subsection (3) of the
said section 22, be deemed to be an award made by the Permanent Labour Tribunal under the provisions of this Act; and
if such award has not been published in the Gazette, the Minister
shall cause the same to be so published as soon as may be
practicable.
44. The laws set out in the first and second columns on the First
Schedule to this Act are amended in the manner specified m the third
column of the said Schedule.
45. The transitional provisions set out in the Second Schedule to
this Act shall have effect in respect of the laws amended in the First
Schedule to this Act.
Amendment
of certain
laws
Transitional
provisions
relating to
the amended
laws
22
No. 41
1967
FIRST SCHEDULE
PART I
1.
Cap. 300
2.
Regulation
Of Wages
and Terms of
Employment
Ordinance
3.
(1) Section 2 is amended by adding, immediately
below the definition ''out-worker'' the following definition:
''the Tribunal'' means the Permanent Labour
Tribunal established by the Permanent Labour
Tribunal Act, 1967.
(2) Section 4 is repealed and replaced by the following:
"Establish4.-(1) The Minister may, if he is
ment of
of the opinion that it is expedient to fix
minimum
a basic minimum wage in respect of
wage boards any employees or class of employees not
excepted from the application of this
and
determina- Ordinance, make an order establishing
tion of
a minimum wage board to enquire into
basic
the matter.
minimum
(2) Before establishing a board under
wages
subsection (1), the Minister shall publish
in the Gazette a notice of his intention
to establish such board and every such
notice shall set forth the proposed terms
of reference of the board intended to
be established and shall specify the
time within which any objection to
the proposed establishment of the board
or to any of the proposed terms of
reference shall be sent to the Minister,
(3) Every objection shall be in writing and shall state(a) the specified grounds of objection;
(b) the omissions, additions or
modifications asked for,
and the Minister shall consider any such
objection made by or on behalf of any
person appearing to him to be affected,
being an objection sent to the Minister
within the time specified in the notice,
but shall not be bound to consider any
other objection.
(4) After considering the objections
which the Minister is required b subsection (3) to consider, the Mister
may(a) proceed to make an order establishing a board as proposed by
him in the notice or subject to
such modifications as he may
think fit; or
(b) abandon the intention to establish
the proposed board and make no
order.
(5) Every order establishing a board
shall be published in the Gazette and
in at least one local newspaper circulating in Tanganyika, and the order
shall come into operation on the date
on which it is so published in the
Gazette or on such later date as may be
specified therein,
No. 41
1967
23
24
No. 41
1967
PART II
1.
Cap. 484
2.
The Civil
Service
(Negotiating
Machinery)
Act, 1962
3.
(1) Subsection (1) of section 2 is amended(a) by deleting the definition ''award'' and substituting therefor the following:
"award'' means an award made by the
President under section 13;'';
(b) by deleting the definition ''Board'';
(c) in the definition ''strike'' by inserting immediately after the word and comma ''employer,'' in the fourth line, the words ''or a
concerted interruption of work or performance of work on a go-slow basis by any
number of employees,'';
(d) by deleting the full stop at the end of the
definition ''trade union'', substituting therefor a comma and inserting, immediately
below such definition, the following:
''the Tribunal'' means the Permanent Labour
Tribunal established by the Permanent
Labour Tribunal Act, 1967.11
(2) Section 7 is amended by deleting subsections (2)
and (3) and substituting therefor the following:
"(2) Every agreement recorded and signed in
accordance with subsection (1) shall be submitted
to the Minister who shall submit the same,
together with such comments as he may wish to
make thereon, to the Tribunal.
(3) Where an agreement is submitted to the
Tribunal under subsection (2) the Tribunal shall
consider the same and make recommendations
relating thereto to the President.
(4) In considering an agreement under this
section the Tribunal shall have the same powers
and shall be subject to the same obligations, with
such modifications as may be necessary, as if
such agreement were a matter referred to it under
the Permanent Labour Tribunal Act, 1967.
(5) On receipt of the recommendations of the
Tribunal in respect of any agreement under this
section the President shall direct(a) that the agreement be accepted by the
Government without any modifications; or
(b) that the agreement be accepted by the
Government with such modifications as may
be specified by him; or
(c) that the agreement be rejected by the Government.
(6) Every direction given by the President under
subsection (5) in respect of any agreement under
subsection (1) shall be final and binding upon
the Government and those junior civil servants
to whom the agreement relates for a period of
twelve months from the date of such direction
and no application to negotiate another agreement
relating to any matter covered by the agreement
or to vary the agreement or matter which
involves the variation of the agreement shall,
save with the prior permission of the Minister,
be placed upon the agenda of or discussed within
the Council until the expiration of such period
of twelve months.
(7) Where the President has directed that an
agreement under subsection (1) be accepted by
the Government with or without any modification,
the Minister may, if he considers it desirable,
cause the agreement, with any modification
specified in the President's direction, to be
published in such manner as he may think fit.''
No. 41
1967
(5) Section 12 is amended(a) in subsections (1) and (2) by deleting the words
''a Board'' wheresoever they occur therein and
substituting therefor the words ''the Tribunal'';
and
(b) by deleting subsection (3) and substituting therefor the following: "(3) Where a disputed is referred to the
Tribunal under section
submit its report in respect of such dispute to
the Minister without delay and, where practicable, within twenty-one days from the date Of
reference.".
(6) Section 13 is hereby repeated and replaced by the
following:Award by
13.-(1) Where the report of the
the President Tribunal in respect of any dispute refer-
25
26
No. 41
1967
27.-(1) The Minister may make regulations for the better carrying into
effect of the provisions and purposes of
this Act and, without prejudice to the
generality of the foregoing, may make
regulations prescribing any thing that is
to be prescribed under this Act.
(2) The Minister may give directions
relating to the scope, method and conduct
of any proceedings before the Tribunal
under this Act:
Provided that no such direction shall
be inconsistent with any provision of the
Permanent Labour Tribunal Act, 1967
relating to the powers and duties of the
Tribunal.''
No. 41
1967
PART III
1.
Cap. 542
2.
The Local
Government
Service
(Negotiating
Machinery)
Act, 1963
3.
(1) Subsection (1) of section 2 is amended(a) by deleting the definition ''award'' and substituting therefor the following:''award'' means an award made by the President
under section 13;'';
(b) by deleting the definition ''Board'';
(c) in the definition ''strike'' by inserting immediately
after the word and comma ''employer,'' in the
fourth line, the words ''or a concerted interruption of work or performance of work on a goslow basis by any number of employees,'';
(d) by adding, immediately below the definition
''trade union11
, the following:
the Tribunal'' means the Permanent Labour
Tribunal established by the Permanent Labour
Tribunal Act, 1967.''
(2) Section 3 is repealed and replaced by the
following ..
''3.-(1) There shall be established for the purposes
of this Act a National Joint Staff Council which
shall consist of a Chairman, a Vice-Chairman and
such number of members not less than ten and not
more than twenty, as the, Minister may prescribe.
(2) The members of the Council shall be appointed
by the Minister from persons who have been nominated by the Commission and the trade union anti
who are(a) civil servants; or
(b) employees of the Commission; or
(c) representatives of an Association of Local
Authorities; or
(d) officers or representatives of the trade union:
Provided that the Chairman of the Council shall be
one of the persons nominated by the Commission and
the Vice-Chairman shall be one of the persons
nominated by the trade union.
(3) subject to the provisions of this Act, the
Minister may prescribe the number of members who
shall be appointed from persons nominated by the
Commission and the number of such members who
shall be appointed from persons nominated by the
trade union, and may by regulations, provide for
the terms of office of members of the Council, the
filling of vacancies on the Council, the procedure
to be adopted by the Council at meetings thereof
(including, but without prejudice to the generality
of the foregoing, the number of members required
to make up a quorum) the procedure, for the
reporting of disputes and for such other matters
as seem to be necessary, expedient or desirable in
relation to the Council or to the carrying out of
its functions.''
(3) Section 7 is amended by deleting subsections (2)
and (3) and substituting therefor the following:
''(2) Every agreement recorded and signed in
accordance with subsection (1) shall be submitted
to the Minister who shall submit the same, together
with such comments as he may wish to make thereon, to the Tribunal.
27
28
No. 41
1967
(3) Where an agreement is submitted to the Tribunal under subsection (21), the Tribunal shall
consider the same and make recommendations relating
thereto to the President.
(4) In considering an agreement under this Section
the Tribunal shall have the same powers and shad
be subject to the same obligations, with such
modifications as may be necessary, as if such agreement were a matter referred to it under the Permanent Labour Tribunal Act, 1967.
(5) On receipt of the recommendations of the
Tribunal m. respect of any agreement under this
section the President shall direct:
(a) that the agreement be accepted by the statutory authority without modifications; or
(b) that the agreement be accepted by the
statutory authority with such modifications as
may be specified by him; or
(c) that the agreement be rejected by the statutory
authority.
(6) Every direction given by the President under
subsection (5) in respect Of any agreement under
subsection (1) shall be final and binding upon the
statutory authority and those employing authorities
and junior local government officers to whom the
agreement relates for a period of twelve months
from the date of such direction and no application
to negotiate another agreement relating to any
matter covered by the agreement or to vary the
agreement or matter which involves the variation of
the agreement shall, save with the, prior permission
of the Minister, be placed upon the agenda of or
discussed within the Council until the expiration of
such period of twelve months.
(7) Where the President has directed that an
agreement under subsection (1) be accepted by the
statutory authority, whether with or without any
modifications, the Minister may, if he considers it
desirable, cause the agreement, with any modification
specified in the President's direction, to be published
in such manner as he may think fit.''.
(4) Section 8 is amended by deleting the word
''Commission'' and substituting therefor the word
''Minister''
(5) Section 9 is amended(a) by deleting the word ''Commission'' in the
first line and substituting therefor the word
''Minister''; and
(b) by deleting the words ''a Board'' in para.
graph (b) and substituting therefor the words
''the Tribunal''.
(6) Sections 9 and 10 are amended(a) by deleting the word "Commission " in the
soever it occurs therein and substituting there"Minister"; and
(b) in section 9(i) by deleting the word ''it'' in the first line
thereof and substituting therefor the word
''him''; and
(ii) by deleting the word ''it'' in the first line
of Paragraph (a) thereof and substituting
therefor the word ''he''
(7) Section 11 is repealed and replaced by the
following: -
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1967
(8) Section 12 is amended(a) in subsections (1) and (2)(i) by deleting the words ''a Board'' wheresoever they occur therein and substituting
therefor the words ''the Tribunal''; and
(ii) by deleting the word ''Commission'' and
the words ''secretary to the Commission''
wheresoever they occur therein and substituting therefor m each case the word
''Minister''; and
(b) by deleting subsection (3) and substituting
therefor the following:-''(3) Where a dispute is referred to the Tribunal
under section 9, the Tribunal shall submit its
report in respect of such dispute to the Minister
without delay and, where practicable, within
twenty-one days from the date of reference.''
(9) Section 13 is hereby repealed and replaced by
the following: 13.-(1) Where the report of the
''Award
by the
Tribunal in respect of any dispute
President
referred to it under section 9 is submitted to the Minister, the Minister
shall, without delay and if practicable
within fourteen days of the receipt of
the report, submit the report together
with an, comments he may wish to
make thereon, to the President.
(2) On receipt of the report of the
Tribunal and the comments, if any, of
the Minister, the President may, after
considering the same, make an award on
the dispute.
(3) Any award made by the President
under this section may be expressed to
have retrospective effect and shall be
made within twenty-one days from the
date on which the report of the Tribunal
and the comments, if any, of the Minister
were submitted to the President, unless
in the opinion of the President, the
special circumstances of the case make
it necessary or desirable to postpone the
making of the award for such period or
periods as the President may, in writing,
allow.
(4) In any proceedings under, or for
an offence against this Act, a certificate purporting to be under the hand
of the Minister that the President has
or has not made an award on or by
a date specified therein, or that the
President has or has not postponed
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1967
... and,
the period for making an award
where the President has postponed such
Period, specifying the further period
within which the award shall made,
shall be admissible in evidence with
out further proof and shall be made conclusive evidence of the facts stated
therein.".
(10) Section 14 is amended by deleting the word
''Commission'' in the first line and substituting therefor the word ''President''
(11) Section 15 is repealed.
(12) Section 16 is amended(a) by deleting the words ''Subject to the proviso
to subsection (1) of section 13, every award
made by the Commission'' in the first two lines
and substituting therefor the words ''Every
award made by the President''; and
(b) by deleting the word ''Commission'' in the
seventh line and substituting therefor the word
''Minister''
(13) Section 17 is amended(a) in subsection (2), by deleting the words ''a
Board'' which occur in the lost line and substituting therefor the words ''the Tribunal'';
and
(b) in subsection (3), by deleting the words ''a
Board'' which occur in the fourth line and
substituting therefor the words ''the Tribunal''.
(14) Section 18 is amended by deleting subsection
(1) and substituting therefor the following:''(1) Where a local dispute has been
referred to the Tribunal under section
17. the Tribunal shall proceed to
consider the causes and circumstances
thereof in accordance with section 11
and shall submit its report to the
Commission without delay and, where
practicable, within twenty-one days of
the reference and the Commission shall
forward the report to the Minister.''
(15) Subsection (2) of section 19 is amended(a) by deleting the word ''Commission'' wheresoever it occurs in paragraphs A. (a) and A. (b)
and substituting therefor the word ''Minister'';
(b) by deleting the words ''a Board'' in paragraph
A. (c) (i) (iii) and substituting therefor the
words ''the Tribunal'';
(c) in paragraph A. (c) (ii)(i) by deleting the words ''a Board'' and ''the
Board'' wheresoever they, occur therein and
substituting therefor in each case the words
''the Tribunal''; and
(ii) by deleting the word ''Commission'' wheresoever it occurs therein and substituting therefor the word "President''I
(d) by deleting the words ''a Board'' in paragraph
B. (c) (i) (IV) and substituting therefor the
words ''the Tribunal''; and
(c) in paragraph B. (c) (ii)G) by, deleting the words ''a Board'' and ''the
Board'' wheresoever they occur therein and
substituting therefor in each case the words
''the Tribunal''; and
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1967
(ii) by deleting the word ''Commission'' wheresoever it occurs therein and substituting therefor the word ''President''
(16) The title to Part VI is deleted and replaced
with the title ''MISCELLANEOUS'.
(17) Sections 21, 22, 23, 24, 25 and 28 arc replaced.
(16) Section 30 is repealed and replaced by the
following,.''Regula30.-(1) The Minister may make
tions and
regulation for the better carrying into
directions
effect of the provisions and Purposes
of this Act and, without prejudice to
the generality of the foregoing, may
make regulations prescribing any thing
that is to be prescribed under this Act.
(2) The Minister may give directions
relating to the scope, method and
conduct of any specified proceedings
before the Tribunal under this Act:
Provided that no such direction shall
be inconsistent with any provision of the
Permanent Labour Tribunal Act, 1967
relating to the powers and duties of the
Tribunal.''
SECOND SCHEDULE
PART I
PRELIMINARY
in this Schedule ''operative date'' means the date on which the Permanent Labour
Tribunal Act, 1967 comes into operation.
PART 11
TRANSITIONAL PROVISION RELATING To THE REGULATION OF WAGES AND TERMS OF
EMPLOYMENT ORDINANCE
Notwithstanding the amendments to the Regulation of Wages and Terms of
Employment ordinance (hereinafter in this Part referred to as ''the Ordinance'') made
by paragraph (2) of Part I of the First Schedule, every minimum wage board
established under section 4 of the Ordinance as in force before the operative date shall
be deemed to have been established under the said section as in force after the operative
date.
PART III
TRANSITIONAL PROVISIONS RELATING TO THE AMENDMENTS TO THE CIVIL SERVICE
(NEGOTIATING MACHINERY) ACT, 1962
Notwithstanding the amendments to the Civil Service (Negotiating Machinery) Act,
1962 (hereinafter in this Part referred to as ''the Act'') made by Part 11 of the First
Schedule(1) where immediately before the operative date an agreement has been reached
within the Joint Staff Council and such agreement has been recorded and signed
as required by subsection (1) of section 7 of the Act, the provisions of subsection
(2) and (3) of the said section as, in force immediately before the operative date
shall apply to such agreement;
(2) where immediately before the operative date any proceedings are pending before
a Board of Inquiry, the Board shall continue in existence and shall continue and
conclude such proceedings as if such amendments had not been made and the
Minister may make an award on the receipt of the report of the Board in
accordance with section 13 of the Act as in force immediately before the operative
date;
(3) where the Minister makes an award pursuant to the powers vested in him by
paragraph (2) of this part, the provisions of the Act as in force immediately
before the operative date shall apply to such award; and
(4) any regulations made under section 27 of the Act as in force immediately
before the operative date shall be deemed to have been made under section 27 as
in force on the operative date.
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1967
PART IV
TRANSITIONAL PROVISIONS RELATING TO THE AMENDMENTS TO THE LOCAL GOVERNMENT
SERVICE (NEGOTIATING MACHINERY) ACT, 1963
Notwithstanding the amendments to the Local Government (Negotiating Machinery)
Act, 1963 (hereinafter m this Part referred to as ''the Act'') made by Part III of the
First Schedule(1) where immediately before the operative date an agreement has been reached
within the National Joint Staff Council and such agreement has been recorded
and signed as required by subsection (1) of section 7 of the Act, the provisions
of subsections (2) and (3) of the said section as in force immediately before the
operative date shall apply to such agreement;
(2) where immediately before the operative date any proceedings are pending before
a Board of Inquiry the Board shall continue in existence and shall continue and
conclude such proceedings as if such amendments had not been made and the
Commission may make an award on the receipt of the report of the Board in
accordance with section 13 of the Act as m force before the operative date; and
(3) where the Commission makes an award pursuant to the powers vested III it by
paragraph (2) of this Part, the provisions of the Act as In force immediately
before the operative date shall apply to such award.
Msekwa
..............................
ional Assembly
Clerk of